Find Legal Information

29-22 Jury After Submission of Cause and Verdict

Download pdf

CHAPTER 29-22JURY AFTER SUBMISSION OF CAUSE AND VERDICT29-22-01. Retirement of jurors. After hearing the charge, the jurors shall retire fordeliberation to a room which must be provided for them by the board of county commissioners.<br>Such room must be supplied with heat, light, and other conveniences. If a room is not provided<br>by such board, the court may order the sheriff to provide one and the expenses incurred in<br>complying with such order, when certified by the court, are a charge against the county.29-22-02. Custody of jurors. The jurors shall retire in charge of one or more officerswho must be sworn to keep them together in some private and convenient place until they have<br>rendered their verdict. Such officer or officers shall furnish food and other necessaries to the<br>jurors, at the expense of the state, as directed by the court, and may not speak to nor<br>communicate with such jurors or any of them nor permit any other person so to do except by<br>order of the court. Men and women jurors may retire, when rest or sleep or propriety requires it,<br>to separate rooms.29-22-03. Selection of a foreman. The court shall appoint one of the jurors foreman orinstruct the jurors to select one of their number as foreman.29-22-04. What papers jurors may take. Upon retiring for deliberation, the jurors maytake with them:1.All papers or things other than depositions which have been received as evidence in<br>the cause, but if, in the opinion of the court, a public record or private document<br>received in evidence should not be taken from the person having possession, a copy<br>must be taken instead of the original;2.All or such parts of the written instructions as the court may direct;3.Notes of the testimony, or other proceedings on the trial, taken by jurors themselves<br>or any of them, but none taken by any other person; and4.Forms of verdict approved by the court.29-22-05.Disagreement - Further instructions.After the jurors have retired fordeliberation, if they desire to be informed on a point of law arising in the cause, or to have any<br>testimony about which they are in doubt or disagreement read to them, they, upon their request,<br>must be conducted into the courtroom by the officer who has them in custody. Upon their being<br>brought into court, the information required must be given in the presence of, or after notice to,<br>the state's attorney and the defendant or the defendant's counsel, or after they have been called.29-22-06. Court may recall jurors for supplemental instructions. The court mayrecall the jurors after they have retired to consider their verdict to give them additional<br>instructions or to correct any erroneous instructions it has given them.Such additional orcorrective instructions may be given only after notice to the state's attorney and to counsel for the<br>defendant.29-22-07. Court open during absence of jury. While the jurors are absent, the courtmay adjourn from time to time as to other business, but it nevertheless is deemed open for every<br>purpose connected with the cause submitted to them until a verdict is rendered or the jury is<br>discharged.29-22-08. Verdict prevented - Cause retried. When jurors are discharged or preventedfrom giving a verdict by reason of an accident or other cause, except when the defendant is<br>discharged from the information or indictment during the progress of the trial or after the cause is<br>submitted to them, the cause may be tried again at the same or another term, as the court may<br>direct.Page No. 129-22-09. Return of verdict. When the jurors have agreed upon their verdict, they mustbe conducted into court by the officer having them in charge. Their names then must be called<br>and if not all of them appear, the rest must be discharged without giving a verdict. In that case<br>the cause must be tried again at the same or another term.29-22-10. Verdict may be oral or in writing - Preparation. The verdict of the jurorsmay be rendered orally or in writing, as the jurors may elect, unless the court, at the time the<br>case is submitted to the jurors, requires that it be rendered in writing.When the court sorequires, the clerk of the court, under the direction of the court, shall provide blank verdicts of<br>suitable form for any verdict the jurors may return in the action and such blank verdicts must be<br>taken by the jurors when they retire.29-22-11.Presence of defendant - Felony or misdemeanor.Superseded byN.D.R.Crim.P., Rule 43.29-22-12.Procedure when jurors appear.When the jurors appear, they must beasked by the court or the clerk whether they have agreed upon their verdict and if the foreman<br>answers in the affirmative, they, on being required, shall declare the same.29-22-13. Jurors may be polled - Procedure. Superseded by N.D.R.Crim.P., Rule 31.29-22-14. Clerk to record verdict - Dissent - Procedure. When the verdict given issuch as the court may receive, the clerk immediately shall record it in full upon the minutes and<br>shall read it to the jurors and inquire of them whether it is their verdict. If any juror disagrees, the<br>fact must be entered upon the minutes and the jurors again sent out, but if no disagreement is<br>expressed, the verdict is complete and the jurors must be discharged from the case.29-22-15. General or special verdict - Libel. Superseded by N.D.R.Crim.P., Rule 31.29-22-16. General verdicts - Contents. Repealed by S.L. 1981, ch. 91, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>